This journal entry is based on Marius Pieterse, ‘Traditional’ African Jurisprudence in Roederer and Moellendorf Jurisprudence

Question

(Juta 2004) 438-462 You might have to do further research in order to answer the question.

Critically evaluate, in a paragraph between 400-500 words, whether the African Charter on Human and People's Rights is permeated by 'values of African civilization'. Refer in your answer to the relevant provisions of the Charter. (10)

Answer 1

The African Charter on Human and People's Rights is indeed permeated by 'values of African civilization', as evidenced by its emphasis on community and collective rights, as well as its recognition of cultural diversity and the importance of traditional values. For example, Article 2 of the Charter recognizes the right of all individuals to freedom from discrimination based on race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. This provision reflects the African value of communal harmony and respect for diversity within societies. Additionally, Article 19 of the Charter emphasizes the importance of traditional values, stating that "The promotion and protection of human and peoples' rights shall be ensured in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments." This recognition of traditional values highlights the Charter's commitment to incorporating African cultural norms and practices into the promotion and protection of human rights. In conclusion, the African Charter on Human and People's Rights can be seen as a reflection of the values of African civilization, as it recognizes and upholds the importance of community, diversity, and traditional values in the promotion of human rights on the continent.